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Re: When is a mac not a Mac?

To: REALbasic NUG <realbasic-nug@lists.realsoftware.com>
Subject: Re: When is a mac not a Mac?
From: Eric Williams <eric@oxalyn.com>
Date: Sat, 30 Aug 2008 12:16:34 -0700
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On Aug 30, 2008, at 10:19 AM, Joe Huber wrote:

At 6:37 PM +0200 8/30/08, Richard Altenburg (Brainchild) wrote:
Op 30 aug 2008, om 17:54 heeft Joe Huber het volgende geschreven:

You can't buy a copy of Leopard for installation on a new machine. Apple only sells UPGRADE licenses. The only way to get a new OSX license is to buy a new Mac.

I bought Mac OS X 10.5.4 Retail Family Pack just the other week and I did upgrade one MacBook Pro from Tiger with it, but it looks like I can install other machines from scratch if I wish to do so...

Hi Richard

If you read the OSX software license, you'll see that the software is an upgrade to your previous Macintosh software and that you're only allowed to install it on Apple labeled Macintosh computers. It is not a new license to use OSX, simply an upgrade to the license you obtained when you bought your Apple labeled Macintosh.

SOFTWARE LICENSE AGREEMENT FOR MAC OS X
Single Use and Family Pack License for use on Apple-labeled Systems

A. Single Use. This License allows you to install, use and run one (1) copy of the Apple Software on a single Apple-labeled computer at a time. You agree not to install, use or run the Apple Software on any non-Apple-labeled computer, or to enable others to do so.

B. Family Pack. If you have purchased a Mac OS X Family Pack, this License allows you to install and use one (1) copy of the Apple Software on up to a maximum of five (5) Apple-labeled computers at a time

Updates: If an Apple Software update completely replaces (full install) a previously licensed version of the Apple Software, you may not use both versions of the Apple Software at the same time nor may you transfer them separately.


Note that even doing a full install is simply an upgrade to your previous license and you do NOT have a new license.

The only way to get a new OSX license is to buy a new Apple-labeled Macintosh. Anything else is just an upgrade license.

With all due respect, Joe, I disagree with your interpretation.

I have the Leopard box right in front of me. Nowhere on the box does it state that it is an upgrade, that some previous version of OS X is required. Nor does the Leopard installer require a previously installed version of OS X.

I inspected the Leopard licensing agreement, and yes, it does contain the verbiage you've quoted above. However, I believe the "Updates" passage refers to software such as 10.5.2, which completely replaces 10.5.1; by Apple granting you a license for 10.5.2, they are replacing your license for 10.5.1.

I believe the "Updates" passage also applies to software provided via the Mac OS X Up-To-Date program. Under that program, if you purchased a Mac with (for example) 10.4 within 30 days of 10.5 being released, they will send you an 10.5 Upgrade disc for a minimal cost. This is a true "Update" for OS X, with a license that is predicated on your owning a previous copy. I don't know if the Leopard Up-To-Date discs check for Tiger before installing.

So, operating under this interpretation, you could not sell your 10.4 discs without also including the 10.5 Up-To-Date discs; nor could you sell the 10.5 Up-To-Date discs without including the original 10.4 discs. This is how licensing has worked forever in the publishing field (Adobe, Macromedia, et al) and it is a very well-established model.

Under this interpretation, when you purchase a retail version of OS X, you have a license to it that is completely separate from any other software license you may already possess. For example, if you have a Mac with dead hard drive but you have lost or damaged the 10.4 install discs, you could purchase 10.5 and install it. If you later found the 10.4 discs, you are entitled to use and install 10.4 separate from 10.5, on two different machines.

Even under your interpretation, wouldn't it be sufficient to completely erase 10.4 from your hard drive before installing the retail version of 10.5? Thus, 10.5 would not "completely replace" 10.4.

Eric Williams
Oxalyn Software
http://software.oxalyn.com/

AE Monitor
http://software.oxalyn.com/AEMonitor/


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